Detailed Answer
When you discover errors in a South Carolina police report—like misspelled names, wrong dates or locations—you can seek corrections through a multi-step process. While no statute explicitly grants a “right to amend,” state law provides tools to obtain records and challenge inaccuracies. Follow these steps:
1. Obtain a Copy of the Report
Under the South Carolina Freedom of Information Act (FOIA), you can request public records, including police reports. Submit a written or email request to the agency’s records custodian. The custodian must respond within 10 business days per S.C. Code Ann. § 30-4-40.
2. Identify and Document the Errors
Review the report line by line. Note every discrepancy such as wrong dates, witness statements you never gave, mischaracterized events or typos. Gather supporting evidence—medical records, photographs or affidavits—that clearly contradict the errors.
3. Submit a Written Amendment Request
Send a formal letter or email to the records custodian. Include:
- Report number, date and agency name
- Description of each error
- Copies of supporting documents
- Your contact information
Ask the agency to review and correct the report. Keep copies of all correspondence.
4. Appeal a Denial or Non-Response
If the agency denies your request or fails to respond in 10 business days, you can seek judicial review. Under S.C. Code Ann. § 30-4-55, you can petition the court for injunctive relief to order disclosure or correction. File your petition in the circuit court where the agency sits.
5. Consider Expungement or Court Petition
If the report relates to an arrest that did not lead to a conviction, you may pursue expungement under South Carolina’s criminal record expungement laws. For qualifying cases, file a petition in the Court of Common Pleas under S.C. Code Ann. § 17-22-610. A successful expungement seals or destroys the record entirely.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.
Helpful Hints
- Use a certified mail receipt to prove you submitted your request.
- Maintain a clear timeline of your communications with the agency.
- Be specific: list page and line numbers when pointing out errors.
- Keep all original documents—you may need them for court proceedings.
- Act promptly: FOIA deadlines and expungement windows can be strict.